BADAR DURREZ AHMED
COSMO FERRITES LIMITED – Appellant
Versus
UNIVERSAL COMMERCIAL CORPORATION – Respondent
( 1 ) THIS is an application filed by the plaintiff under Order 12 Rule 6 read with Section 151 of the Code of Civil Procedure, 1908 seeking the relief that the suit be decreed along with interest as prayed for in the plaint in terms of alleged admissions made by the defendants in their written statement/counter claim filed by them.
( 2 ) THE plaintiff filed the present suit for recovery of Rs. 36,73,922. 23 against the defendants, inter alia, on the ground that the defendant No. 1 and its partners, defendant Nos 2 and 3, approached the plaintiff and offered to sell Soft Ferrites which were being manufactured by the plaintiff. It is the plaintiff s case that the plaintiff and the defendants had a principle-to- principle relationship inasmuch as the defendants and, in particular, defendant no. 1 was the stockist for the plaintiff for the Delhi area. The plaintiff s allegation is that the goods were supplied in terms of their past practice on a principle-to-principle basis and invoices were raised from time to time. There was no difficulty with this arrangement till the year 1996 when, according to the plaintiff, despite supply of goods by the plaintiff to the
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